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Bombay High Court Quashes Condition of Pre-deposit in NI Act Appeal — Suspension of Sentence Cannot Be Burdened with Onerous Condition of Depositing 50% Compensation. The court held that the appellate court's condition requiring deposit of 50% compensation while suspending sentence under Section 389 CrPC is contrary to law and set aside the condition....

The petitioner, Suresh Hiralal Barwal, was convicted under Section 138 of the Negotiable Instruments Act, 1881, by the learned Magistrate and sentenced to one year rigorous imprisonment and directed t...

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High Court of Karnataka Allows University's Petition to Quash Reinstatement Order — Vice Chancellor's Termination of Registrar Upheld as Valid. The court held that the Principal Secretary's direction to reinstate the Registrar was without jurisdiction under the Karnataka State Universities Act, 2000....

The case involves a challenge by Vijayanagara Sri Krishnadevaraya University and its Vice Chancellor against an order dated 08.08.2013 issued by the Principal Secretary, Higher Education Department, d...

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Karnataka High Court Allows Trust's Petition but Holds Court Fee Payable Under Section 27 of KCF & SV Act for Suit Against Third Party. Trust's suit for declaration of title and possession against a third party is not covered by Section 24 (trust property suits) but by Section 27 (suits for possession), requiring ad valorem court fee....

The petitioner, Sri Radhakrishna Bhakta Mandali Trust, a registered charitable trust, filed a suit (OS 3325/09) before the City Civil Judge, Bangalore, against the respondent, Sri Kannan, seeking a de...

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High Court of Karnataka Allows Writ Petition of BMTC, Quashes Labour Court Award of Reinstatement with Back Wages. Driver Who Obtained Employment by Submitting Fake Transfer Certificate Not Entitled to Reinstatement....

The petitioner, Bangalore Metropolitan Transport Corporation (BMTC), challenged the award dated 6.3.2012 passed by the III Additional Labour Court, Bangalore in I.D. No. 43/2007, which set aside the o...

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Karnataka High Court Sets Aside DRAT Conditional Order in SARFAESI Appeal — Pre-Deposit of 50% of Claimed Amount Held Disproportionate. Court directs DRAT to hear appeal on merits without pre-deposit, finding that the condition of depositing Rs.9.23 crores was arbitrary and violated principles of natural justice....

The petitioners, Ms. Bani Kaur Bedi and Mr. Aman Singh Bedi, filed writ petitions under Article 227 of the Constitution challenging an order dated 29.7.2013 passed by the Debt Recovery Appellate Tribu...

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Bombay High Court Dismisses Appeal for Interim Injunction in Film Song Dispute; Plaintiff Failed to Establish Prima Facie Case for Deletion or Restraint of Release. Use of Motorbike Without Written Consent Did Not Outweigh Commercial Interests and Delay in Seeking Relief....

Background: The dispute concerned the release of the film 'Zanjeer' slated for 06.09.2013, which contained a song 'Mumbai Ke Hero' featuring an imported motorbike owned by the appellant. The appellant...

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Bombay High Court Upholds Life Conviction for Murder of Uncle in Family Dispute — Evidence of Last Seen and Motive Sufficient. Accused convicted under Section 302 IPC for killing his uncle with a stick after a quarrel over separate residence....

The appellant, Laxman Eknath Mohite, was convicted by the trial court under Section 302 of the Indian Penal Code, 1860 for the murder of his uncle Bhanudas Gangadhar Mohite, and sentenced to life impr...

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Bombay High Court Allows Writ Petition Challenging Caste Scrutiny Committee's Invalidity Order for Scheduled Tribe Certificate. Court holds that the Scrutiny Committee must consider the affinity test and other relevant material before declaring a caste certificate invalid....

The petitioner, Prashant s/o Nago Badgujar, filed a writ petition challenging the judgment and order dated 18th September 2012 passed by the Caste Scrutiny Committee, which invalidated his Scheduled T...